Terms & Conditions

Last Revised: 7th February, 2024

The following Terms and Conditions constitute an agreement (the “Agreement”) between you as the (“User”, "You", "Client") and Lovely People Studio (“Lovely People Studio”) (“we”, “us”) (A.B.N. 27 230 665 007) and contain the terms and conditions that apply to your access and use of the website and The Services provided by Us.

Please read these terms and conditions (the “Terms”) carefully. By accessing our website: www.lovelypeoplestudio.com you signify that you agree with these terms and conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use, or access (or continue to use or access) the Website.

Lovely People Studio reserves the right to modify this Agreement and/or the Policies (and update The Lovely People Studio Web Page on which they are displayed) from time to time. A date stamp will be applied at the top of the page therefore it is important that you review this page prior to each purchase. Any changes made to these terms and conditions become effective after publishing to this website. Your continued use of the website and your purchase or engagement with Lovely People Studio indicates you agree to all Terms set forth herein.

1) Services

Lovely People Studio’s services include: creative direction, custom textile design, fashion design and technical development, and graphic design.

The Client acknowledges that from time to time, Lovely People Studio may engage contractors to assist in project work.

2) Links

This Website, including associated social media profiles, may contain links to third party websites. The inclusion of a link does not imply that Lovely People Studio endorses, has investigated or verified the linked websites. They are provided on an ‘as is’ basis.

Lovely People Studio makes no warranty or representation concerning these links or the linked websites, and you acknowledge that Lovely People Studio is not responsible for the functionality of these links, the security of such websites, the reliability or accuracy of the information contained on such websites, fitness for purpose, the copyright compliance, legality, decency, privacy policy, privacy practices or any other aspect of such websites.

Lovely People Studio makes no warranty or representation that any linked website content does not infringe the intellectual property rights of any other business or person. Lovely People Studio does not control or authorise infringement or intellectual property on these sites.

You acknowledge that you enter any third-party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.

3) Accounts

Access to Lovely Studio's print library is by application only, via the registration form on this website, and this registration is free. All account applications are reviewed and verified prior to creating a login. Access to the login area of this site is only for the use of the brand and person listed under the application, and login details are not to be shared with any other person or business.

You acknowledge that in accessing our website and engaging our services, you are completely responsible for any and all activities that are conducted through your account, and for liability and/or damage which results from the failure to securely maintain your account information and/or password. You agree that you will securely protect your account information and password and will make sure that this information is maintained as accurate.

The account holder understands that a breach of any of Lovely People Studio's Terms and Conditions may also result in immediate account suspension or permanent ban from the login area of the site.

4) Terms of Sale and Copyright

The prints for sale on this website are for commercial end-product items such as, but not limited to, clothing, accessories, homewares, stationery, wallpaper, posters, packaging and commercial merchandise.

Purchased designs, or derivatives of, may not be reproduced or displayed for sale on print on demand sites or other print studio websites. The client may not purchase prints for artwork distribution, artwork resale or licensing, or for any other commercial or business purpose without written consent from Lovely People Studio.

The Client hereby undertakes that they will not in any way use exclusive or non exclusive licensed designs to damage Lovely People Studio’s business.

The Client hereby undertakes that no artwork, whether purchased exclusively or non exclusively, will be uploaded to A.I. sites, or be used for training or the creation of artwork by A.I. or to be uploaded onto POD sites.

Lovely People Studio artworks are non transferrable and cannot be sold or licensed to a 3rd party without written permission from Lovely People Studio.

The Client hereby undertakes that they will not in any way use the exclusive or non exclusive design to marginalise, discriminate against, or bully any person, for the promotion of illegal or unethical activities, and are not to be used in any way which would be considered infringing, harassing, offensive, pornographic, defamatory, fraudulent or libellous.

Additional terms as follows:

Non Exclusive Prints

In consideration of full and punctual payment to Lovely People Studio, the client will be granted a non-exclusive right and license to use a print created by Lovely People Studio for the registered brand account that has purchased it. This print is for end use products that may be sold direct to the consumer or wholesale under one brand name per license only.

The purchase of a non exclusive print is with the acknowledgement that the design is non-exclusive, and may be available for other brands to purchase.

A non exclusive print can be used for a maximum of 300 units per license purchase, for a period of 2 years from the date of purchase. Should the Client wish to produce more than 300 units, or for a period longer than 2 years, extended licencing fees may be possible by purchasing additional licenses of the same print directly from the site. If the print has been removed from sale, additional licenses may be purchased by emailing hello@lovelypeoplestudio.com

All non exclusive prints listed prior to January 2022 are available for up to 6 brands to license before they are retired from sale.

All non exclusive prints listed from January 2022 will be available for up to six brands to license at any one time. When six licenses have been sold within a 2 year period, the print will subsequently be withheld from sale on the site until a licence has expired, when it will then become available for another brand to license.

Lovely People Studio retains all intellectual property rights to all non exclusive prints and is able to use individual motifs for new prints, or to use existing prints for future projects.

The Client hereby undertakes that they will not claim to have created, or own copyright of any non-exclusive artwork.

The client must not make artwork available in a format that allows others to access, copy or reproduce them, this includes posting the artwork files or screenshots onto social media or websites.

Licensed prints from Lovely People Studio are not transferable, and cannot be shared, re-sold to, gifted, assigned to or used by any other business entity without written permission from Lovely People Studio. Purchases cannot be used for white/ private label products, or the printing of fabric for wholesale purchase; whereby multiple businesses would be purchasing printed products from the license holder. Each brand is responsible for license purchases for each print used by that brand. Where multiple brands are owned by the same business, a license fee is payable per brand, unless written permission is obtained from Lovely People Studio stating otherwise prior to use.

The terms of licensing are set to protect the integrity and work of both Lovely People Studio and its clients, and asks that you perform due diligence when selecting a manufacturer for the printing of your products.

If you are unsure whether your intended project may use licensed artwork from us, you are welcome to contact us on hello@lovelypeoplestudio.com for clarification.

Exclusive Designs

In consideration of full and punctual payment to Lovely People Studio, exclusive right to use the design will be provided to Clients who make a purchase under the Lovely People Studio’s exclusive textile print library, or via engaging Lovely People Studio for custom designs.

Following full payment, Lovely People Studio hereby give the Client all of its right, titles and interests in and to the work product (including intellectual property rights), and the Client is then sole owner of the works. Exclusive designs will be removed from sale, and may not be purchased by any other business or person. Lovely People Studio retains moral rights to both exclusive and non exclusive artworks.

For custom design services, Lovely People Studio will provide the Client with a Commissioned Works Agreement and deposit invoice. This agreement is to be signed by The Client, and deposit paid prior to booking confirmation.

6) Client Images

For all purchases, whether non-exclusive, exclusive or custom designed, the Client agrees to allow Lovely People Studio to place images of the finished product/s and design process, along with a hyperlink to the Client’s site or social media account, on Lovely People Studio’s own website, social media platforms or other promotional material, unless agreed to the contrary in writing by both parties. The Client is not obliged to credit Lovely People Studio in any promotional material of the finished products.

If images or information from Lovely People Studio are shared on social media platforms including but not limited to Pinterest, Instagram, Facebook, SnapChat or TikTok, written permission must be obtained first, and any images shared with permission must be credited and linked back to Lovely People Studio’s website and/ or social media accounts. This includes any work in progress videos, collages or images that contain artwork purchased by the user from Lovely People Studio.

7) User’s Obligations

You agree that at all times that:

You will comply with this Agreement (including all Lovely People Studio Policies) and all applicable laws and regulations; and
You will provide accurate information, to the best of your knowledge; and
You warrant that the instructions you provide to Lovely People Studio will not infringe, misappropriate or violate a third party’s intellectual property rights, or privacy rights, or any other rights or result in the violation of any applicable law or regulation.

8) Payments

Payment of services and/or products from Lovely People Studio will be in Australian Dollars (AUD).

Payment will be made via Shopify Payments, Electronic Funds Transfer (EFT), PayPal, Zip Money, Bank Deposit or Credit Card.

For website purchases, full and punctual advanced payment is required prior to the product being dispatched, digital download link emailed, file artwork transferred, or the service being delivered.

All prices displayed of products or services are advertised on the Website. These can be changed without notice.

In the event Lovely People Studio is required to recover any unpaid costs:

all legal costs involved with recovery will be paid by the Client, on an indemnity basis; and
where the account is referred to a collection agency, collection costs associated with the collection agency will be added to the balance outstanding and will be paid by the Client.

9) Deliveries

The Client is responsible for the payment of delivery fees of product(s) and/or samples from Lovely People Studio.

Samples, fabric swatches or products mailed from Lovely People Studio will be transported either through Australia Post, or a courier of your choice. Delivery addresses cannot be altered once an order has been processed. Lovely People Studio makes every reasonable effort through its packaging and its liaisons with its delivery services to ensure that your parcel is safe for transportation and arrives to you safely.

Ownership of the parcels turned over to Australia Post, or the courier of your choice from Lovely People Studio automatically transfers to the buyer. Lovely People Studio will not be responsible for any loss of, or damage to packages. We will not be responsible for any error in the supply of incorrect shipping information, or delivery errors through Australia Post.

Once your order has been processed, you will be provided with a tracking number for Australia Post, or the courier of your choice, if registered post has been selected. Should you have any questions related to your delivery, please contact the courier company, or the Post Office with your tracking number.

The estimated delivery time-frame will range depending on the carrier or shipping method of your choice. So we recommend that you review and consider the postage timeframes on the respective websites. For international transactions outside of Australia, you acknowledge that you as the buyer will be responsible for paying an additional costs such as duties, taxes and customs clearance fees.

To ensure the safe delivery of your product(s), we do recommend that someone is available to receive your order.

In circumstances where no one is present to receive the delivery, the courier or Australia Post will return your order to the nearest post office, or depot for collection, causing a potential delay in your delivery, where the Lovely People Studio will not be responsible for. Where the client wishes to send sample items to Lovely People Studio, they acknowledge that unforeseeable delays in transit or delivery costs may pose delays to the project timeframe which Lovely People Studio cannot be held liable for.

10) Intellectual Property and Artificial Intelligence

The designs, information, text materials, graphics, logos, button icons, video and audio clips, trademarks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of Lovely People Studio website, any of its platforms, and content on any of its social media accounts are protected by copyright, trademark and other intellectual property laws.

The user agrees not to copy any of the artwork on this site, and agrees that all prints must be purchased before use. Any infringements of Lovely People Studio's intellectual property may be subject to legal action. Infringement fees may be issued at Lovely People Studio's discretion, and may be significantly higher than the the advertised price.

Lovely People Studio does not use Artificial Intelligence (A.I.) to create artworks. The client agrees that none of Lovely People Studio's artwork, or any intellectual property as outlined above, whether purchased or not, exclusive or non exclusive, are to be used in the training or creation of A.I. artwork.

11) Account

To access certain parts of Lovely People Studio's website, you may be required to apply for an Account (via a Username and Password) with Lovely People Studio. This registration is free.

If the application is accepted, you acknowledge that in accessing our website and engaging our services, you are completely responsible for any and all of the activity, liability and/or damage which results from your failure to securely maintain your account information and/or password. You agree that you will securely protect your account information and password and will make sure that this information is maintained as accurate.

As the client, you will bear full responsibility for any and all activities that are conducted through your account.

Failure to comply with the Terms and Conditions on this site may result in an immediate account suspension, without notice.

12) Commencement and termination for services

All services with Lovely People Studio are only confirmed when the Client pays the non-refundable 50% deposit fee. Once the deposit is received, an email will be sent to the Client to confirm and make arrangements for the commencement of the project.

This agreement shall begin when both parties sign and shall continue until all services are complete and delivered, or until the agreement is terminated. Either party may terminate this agreement at any time, on written notice to the other party, if the other party ceases to conduct business in its normal course, including but not limited to: liquidation, insolvency, bankruptcy or the making of an assignment for the benefit of creditors.

In the event of termination, the Client guarantees the payment to Lovely People Studio for the services performed through the date of termination in the amount of a prorated portion of the fees due. The Client shall pay all expenses, fees, and additional costs incurred through the date of termination.

13) Refunds and Cancellations

All products sold from Lovely People Studio are final, and are sold on a no return, exchange or credit basis, once an order has been complete, and payment has been processed.

Pursuant to relevant Australian Consumer Laws, Lovely People Studio agrees to provide our services with due care and skill; and note that we meet a level of professional skill or knowledge to deliver the Services that we provide.

Where a Product ordered and received arrives in a damaged state, and it was a fault from us, Lovely People Studio, we will endeavour to amend the product. If the product is not editable or cannot be fixed, a replacement or refund will be offered.

We cannot provide a refund where a Client has changed their mind(s) about our services or products.

Any requests for cancellations or refunds will be at the discretion of Lovely People Studio, and will be assessed on a case by case basis. Such refunds will be exclusive of any postage and handling costs.

As per Australian Consumer Law, where a product has been listed at an incorrect price, incorrect description or image due to typographical error or similar oversight, Lovely People Studio reserves the right to cancel and/or amend a transaction.

14) No warranties

To the extent permitted by law, Lovely People Studio does make any warranties of any kind, either express or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including but not limited to, warranties of merchantability or fitness for purpose and all such warranties are hereby excluded.

15) Availability, Errors and Inaccuracies

As we are constantly updating our product offering, there may be times we may experience some delays in updating information on our services or product page, and in our advertising on other websites. There may be instances where there may be errors or inaccuracies found on our web page that may not be complete or current, or if products or services are mispriced, described inaccurately, or unavailable. We cannot guarantee the accuracy or completeness of any information found on our website.

We reserve the right to change or update the information and to correct errors, inaccuracies, or omissions at any time without prior notice.

16) Liability

Lovely People Studio nor any of its officers, will not be liable to you or anyone for any delays, errors, omissions, any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economy, consequential or punitive damages or any legal costs arising out of, or in connection:

the use of the Lovely People Studio website;
the use of information provided by you through Lovely People Studio on its website and/or its platforms; or
the use of any products and/or resources provided to you by Lovely People Studio;
you or anyone else being unable to access Lovely People Studio for any reason;
the production and sales outcomes by you and your manufacturer.

You acknowledge that materials on the Lovely People Studio website may contain technical, typographical or photographic errors. Lovely People Studio do not make any commitment to update the materials.

You indemnify Lovely People Studio harmless from any and all claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable legal costs and expenses which may arise directly or indirectly as a result of any promise, representation, warranty, act, omission or obligation of Lovely People Studio in respect of the provision of the Services to You; use of the Services, resources or products to You; and/or any breach of this agreement by You.

Lovely People Studio makes no guarantee as to the availability or suitability of services, or information on this Site or to its materials.

Lovely People Studio nor any of its officers will be liable to you or anyone for any defamatory, infringing, offensive or material found in connection with the use of Lovely People Studio, including such conduct or material transmitted by means by any other person.

17) Disputes and Mediation

If the Client has a complaint or concerns about the website, please contact Lovely People Studio directly through hello@lovelypeoplestudio.com.

Where disputes have occurred, mediation will be the first cause of action, if communications between the Client and Lovely People Studio to attempt to resolve the dispute has exhausted.

All legal/mediation/arbitration fees associated with a dispute raised by the Client will be at the expense (in full) of the Client.

18) Choice of Law

The agreement herein is governed by the law in force in the State of New South Wales and you any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Conditions.

If any of these Terms and Conditions are invalid or unenforceable, they may be struck out and the remaining Terms of Use will continue to be of full force and effect.

19) Law enforcement

Lovely People Studio reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, which violate any applicable or relevant law.